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The Uniform Bar Examination: a Benefit to Law School Graduates 7 to Assess These Competencies

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The Uniform Bar Examination: a Benefit to Law School Graduates 7 to Assess These Competencies THE UNIFORM BAR EXAMINA T ION : A BENEFI T T O LAW SCHOO L GRAD U A T E S by Veryl Victoria Miles uring the past academic year, I have The audiences I have addressed have included had the opportunity to discuss with law school students, law school deans, judges, and a variety of audiences some of the practitioners. As one can imagine, responses to the changes and innovations that have first three catalysts listed above have varied from Dtaken place within law schools and some that will school to school, which is understandable given the be coming to the law school community in the diversity one finds in the law school community in near future. The catalysts for these changes and terms of mission, academic program, student body, innovations are a variety of unrelated events, studies, and the employment market traditionally served. and initiatives, including However, with respect to the fourth catalyst— NCBE’s concept and promotion of the Uniform Bar 1. the 2007 report of the Carnegie Foundation Examination—there has been general interest and for the Advancement of Teaching recom- support. mending that legal education be delivered in a more integrative manner that links learn- In each presentation, I have identified myself as ing the law to law practice;1 having a dual interest in the promotion of the UBE. 2. the impact of the economic recession begin- The first reason for my interest is my service on the ning in 2008 on the legal employment mar- NCBE Special Committee on the Uniform Bar Exam ket and law school placement and career and my belief that a uniform examination used by services programs; all jurisdictions is a very pragmatic way to address the increasingly multijurisdictional nature of law 3. a proposed addition to the ABA Standards practice. and Rules of Procedure for Approval of Law Schools on student learning outcomes and The second reason for my interest in the adop- 2 assessments, which will require law schools tion of the UBE is that I am dean of a law school (The to identify more clearly the educational com- Catholic University of America Columbus School petencies that students should obtain during of Law) whose students represent close to 40 dif- their legal education and to measure student ferent states and bar licensing jurisdictions in any learning taking place during law school; given graduating class year. These graduates will and ultimately sit for the bar examination in as many 4. the National Conference of Bar Examiners’ as 25 to 30 different jurisdictions, making the UBE initiative to promote the Uniform Bar very appealing in meeting the broad bar admissions Examination (UBE). aspirations of our graduates, while also enhancing 6 The Bar Examiner, August 2010 their professional mobility in a fluid legal employ- the American Bar Association, and the Association ment market. of American Law Schools. My goal for each presentation has been to pro- In January 2008, NCBE held a conference to vide background information about the UBE, explain explore the feasibility and desirability of a uniform the characteristics of the UBE, explore the benefits of bar examination with state supreme court justices, the UBE, and inform the audience of concerns raised bar examiners, and bar admission administrators by interested parties.3 In this article I summarize the from jurisdictions that were using the three NCBE information I have provided in these presentations, tests recommended as the testing components of the include some of the reactions to the UBE, and share UBE. This conference resulted in significant inter- my thoughts about how the UBE can benefit recent est in the idea of a uniform bar examination. As law school graduates, based on experiences at my a result of the discussions that own institution and commonly followed that conference, a pro- shared experiences with law THE IDEA OF A U NIFORM B AR EXAMI - posal for the UBE was drafted by schools in general. NA T ION , HOWE V ER , HA S B EEN DI S - the NCBE Special Committee on C uss ED B Y V ARIO us G RO U P S WITHIN the Uniform Bar Exam. THE UNIFORM BAR T HE L E G A L COMM U NI T Y O V ER T HE XAMINA T ION EMY st IFYIN G E : PA st 20 YEAR S . D A RIPENIN G CONCEP T T HE UNIFORM BAR FOR BAR LICEN su RE EXAMINA T ION One of the observations that I have come away with A lawyer’s understanding of the bar examination from each presentation about the UBE is the audi- process is often reflective of what he or she took ence’s sense of the UBE as a novel concept for lawyer away from the experience of taking the exam. For licensure. The idea of a uniform bar examination, most of us, mention of the bar exam reminds us of however, has been discussed by various groups an extremely stressful time and an intense focus on within the legal community over the past 20 years. learning “how to take the test” in order to get on That this has occurred without garnering much trac- with the business of being able to practice law. In tion beyond the discussant groups is revealing in spite of the memories many may have of the testing terms of the importance of timing as the key to intro- experience, the purpose of the examination itself ducing the UBE throughout the states and effecting must not be overlooked: to ensure that all new law- its broad adoption. yers possess basic competencies for effective practice of law. These competencies include basic knowl- Two events seem to have helped spark interest edge of core legal subjects and professional ethics; in the UBE. In 2002 discussions about the feasibility basic legal practice skills, including critical thinking, and merits of a uniform bar examination took place analysis, and problem solving; and effective written among several groups that would be most impacted communication skills. or advantaged by such an examination (the bench, the practicing bar, and the legal academy). These Accordingly, NCBE has developed several groups included the Conference of Chief Justices, different kinds of tests that bar examiners may use The Uniform Bar Examination: A Benefit to Law School Graduates 7 to assess these competencies. The tests have been THE C OMPONEN T S OF T HE U NIFORM B AR E XAMINA T ION introduced at different times, reflecting the chang- The three NCBE tests that make up the UBE are the ing needs and concerns of bar examiners and their following.* desire to be more effective and comprehensive in the The Multistate Bar Examination (MBE) ultimate certification of a lawyer’s competency • A six-hour, 200-question multiple-choice examination to practice. These tests include the Multistate Bar designed to assess the extent to which an examinee can apply fundamental legal principles and legal reason- Examination (MBE), the Multistate Essay Exam- ing to analyze given fact patterns. ination (MEE), the Multistate Performance Test • Areas of law covered are Constitutional Law, (MPT), and the Multistate Professional Respon- Contracts, Criminal Law and Procedure, Evidence, Real Property, and Torts. sibility Examination (MPRE). • The MBE is currently being used by 53 jurisdictions, The UBE is composed of the first three of these including 48 states (jurisdictions not using the MBE are Louisiana, Washington, and Puerto Rico). NCBE tests. (The MPRE, administered on a schedule different from the regular bar examination adminis- The Multistate Essay Examination (MEE) trations in February and July, is not part of the UBE.) • An examination consisting of nine 30-minute essay questions from which jurisdictions usually administer Consequently, the UBE tests a broad range of subject six of the nine. The UBE includes six MEE questions. matters, skills, and abilities, using multiple testing • Areas of law covered are Business Associations formats. The sidebar on this page provides a descrip- (Agency and Partnership; Corporations and Limited tion of each test used in the UBE. Liability Companies), Conflict of Laws, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Family Law, Federal Civil Procedure, Real BENEFI ts OF T HE UNIFORM BAR Property, Torts, Trusts and Estates (Decedents’ Estates; Trusts and Future Interests), and Uniform Commercial EXAMINA T ION Code (Negotiable Instruments [Commercial Paper]; Secured Transactions). The MEE tests on legal issues The UBE offers uniformity and consistency in test that are of general application in all states. questions and grading rubrics among participating • The MEE is currently being used by 27 jurisdictions. jurisdictions and ensures the same level of exam quality and comparability of scores among jurisdic- The Multistate Performance Test (MPT) tions. NCBE maintains committees of test devel- • A 90-minute examination requiring the application of fundamental lawyering skills in a realistic situation. opment professionals with years of experience in Jurisdictions currently may use one or two MPTs for writing questions, and staff dedicated to assessing each exam. Each MPT evaluates an applicant’s ability to complete a task that a beginning lawyer should be the validity of the tests in determining law practice able to accomplish. The UBE includes two MPTs. proficiencies. The UBE provides greater transparency • Skills tested are factual analysis, legal analysis and in test development, administration, and scoring, reasoning, problem solving, identification and resolu- and jurisdictions do not have to incur the costs of test tion of ethical dilemmas, written communication, and organization and management of a legal task. development. • The MPT is currently being used by 34 jurisdictions. UBE scores are portable to other UBE jurisdic- tions. This feature of the UBE has been received most * For more thorough descriptions of these tests, including sample favorably by all audiences and by student groups in questions and how the tests are developed, see Susan M.
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